12 Problems with separation without divorce, law firm hasselbach

The reasons why couples do not want to get divorced immediately after a separation can be varied: common children, fear of the high divorce costs or the avoidance of compensation for pensions.

Of course, no one is forced to file a divorce application immediately after the legal separation year. However, separation without a subsequent divorce carries risks that you should definitely consider.

We explain whether a divorce is really necessary and what points there are to consider in this life situation.

1) Inheritance law: cannot be excluded unilaterally

During the separation period, the right of inheritance cannot be unilaterally excluded by one spouse for the other. This is only possible if both partners are involved. You can e.g. B. Revoke wills created jointly and each use their own heirs. In this case, the spouse’s compulsory portion remains.

2) Family co-insurance in the health insurance remains

If one of the spouses does not work himself, he is often covered by the other spouse’s health insurance. This "cheap" family insurance only ends with the divorce.

3) Separation maintenance must be paid

For the time between separation and divorce, the separation maintenance should ensure the financial security of both partners. The right to maintenance – unlike later post-marital maintenance – can be given up neither by a written nor by a notarial declaration.

4) Child support according to the Düsseldorf table

Child support is payable upon separation. If one of the parents has already moved out and one of the two has child support not through education and maintenance he brings, is this for Child support payment Committed.

The so-called Düsseldorf table applies to determining the amount of child support. However, this only contains guidelines for the maintenance needs of dependents.

5) Change tax class at the beginning of the calendar year

A separation without a divorce does not offer any tax advantages because the tax classes must be changed at the beginning of the calendar year that follows the separation. Separate the spouses z. B. in 2018, do you have to already have the new tax classes from 1.1.2019. It does not matter which spouse submits the application Tax office provides. The other spouse’s consent is also not required.

You can find further information on this topic in our article on Divorce and Taxes.

6) No other marriage possible

A new wedding is only possible after a legal divorce. A divorce procedure takes on average eight to ten months. Therefore, the partner who wants to marry must bring a lot of time with them.

7) The right of residence is at risk

If a spouse received his residence permit only because of the marriage, then he only has an independent right of residence if the marriage has existed in Germany for at least three years. If the marriage is shorter, he may lose his right of residence. This already applies to the separation.

Long separation has an impact on post-marital maintenance

The entire time between separation and final divorce is considered marriage. A long separation period can therefore have an impact on the existence, amount and duration of post-marital maintenance.

9) Equalization of profits does not end with separation

Anyone who has not concluded a notarial marriage contract automatically lives in the property community of the gain community. In the event of a divorce, he can demand half of the property earned during the marriage from his spouse. The key date for the calculation of the profit equalization is the day the divorce application is received.

10) Pension entitlement (pension equalization)

With the divorce, the pension adjustment is usually carried out. As a result, the pension entitlements acquired during the marriage (statutory, company pension and private pension insurance) are balanced among the spouses. Here, too, it depends on the day the divorce application is served.

11) Maintenance claim for those in need of care

Basically, the longer the marriage is over, the less likely it is that you will still be required to do post-marital maintenance. This does not apply to cases of mere separation. It is also not possible to “rely” on the other spouse here, because in the case of long-term care, the maintenance claim can pass to the state, which then pursues this claim against the spouse.

12) Check insurance contracts

What happens to insurance contracts that were concluded together?

In private liability insurance, be >

Conclusion

It is definitely not cheaper not to get a divorce. Divorce with a previous long separation phase can lead to personal and financial disadvantages.

A separation can, however, be a step to distance yourself and your spouse. In this case, it can also serve as a temporary solution or “temporary separation”, either to continue the marriage or to get a legal divorce.